CONTRACT 4413 Maintenance and Repair Agreement CLOSEDL&AA
ELEVATOR MAINTENANCE, REPAIR and ON -CALL SERVICES AGREEMENT
BETWEEN .
THE CITY OF EL SEGUNDO AND
EXCELSIOR ELEVATOR CORPORATION
PW 13 -03
(Awarded per Public Contract Code §§ 20160, et seq.)
THIS MAINTENANCE, REPAIR and ON —CALL SERVICES AGREEMENT
( "Agreement ") is made and entered into this 17th day of April, 2013, by and between the
CITY OF EL SEGUNDO, a general law city and municipal corporation ( "CITY ") and
Excelsior Elevator Corporation, a California Corporation ( "CONTRACTOR ").
The Parties agree as follows:
1. CONSIDERATION.
A. As partial consideration, CONTRACTOR agrees to perform the work listed
in the SCOPE OF SERVICES, below;
B. As additional consideration, CONTRACTOR and CITY agree to abide by
the terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONTRACTOR for
CONTRACTOR's services not to exceed a total of $119,500 over 5 years
for the work ($8,520 annually for elevator maintenance, and as- needed
additional repair work not to exceed $15,380 annually). CITY will pay for
work on the basis of the hourly rates and cost reimbursement rates as
specified in the attached Exhibit "A," which is incorporated by reference.
2. TERM. The term of this Agreement will be from May 20, 2013, to May 20, 2018. The
Agreement may be renewed upon mutual consent of the parties by amending this
Agreement.
3. SCOPE OF SERVICES.
A. This Agreement may be used for "maintenance services" which include
the following:
Routine, recurring, and usual work for the preservation or protection
of any publicly owned or publicly operated facility for its intended
purposes.
Minor repainting.
iii. Resurfacing of streets and highways at less than one inch.
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iv. Landscape maintenance,.
V. Work performed to keep, operate, and maintain publicly owned
water, power, or waste disposal systems and electrical
transmission lines of 230,000 volts and higher.
vi. Carpentry, electrical, plumbing, glazing, and other craftwork;
B, This agreement may be used for "repair and on -call services ", which
include construction, reconstruction, erection, alteration, renovation,
improvement, demolition, and repair work involving any publicly owned,
leased or operated facility
C. CONTRACTOR will perform the maintenance, repair and on -call services
listed in the attached Exhibit "B," which is incorporated by reference. The
provisions contained in this Agreement supersede any conflicting
provisions in Exhibit B.
D. Maintenance, repair and on -call services required by CITY will be provided
on an as- needed basis with CITY determining and advising
CONTRACTOR as to when specific services are required to be performed
or completed by CONTRACTOR. Requests must be memorialized using a
notice to proceed that may be in the form of a purchase order. The
provisions contained in this Agreement supersede any conflicting
provisions in a purchase order issued for maintenance services.
E. CONTRACTOR will, in a workmanlike manner, furnish all of the labor,
technical, administrative, professional and other personnel, all supplies
and materials, equipment, printing, vehicles, transportation, office space
and facilities, and all tests, testing and analyses, calculation, and all other
means whatsoever, except as herein otherwise expressly specified to be
furnished by CITY, necessary or proper to perform and complete the work
and provide the professional services required of CONTRACTOR by this
Agreement.
4. PREVAILING WAGES,.
& Pursuant to Labor Code § 1720, and as specified in 8 California Code of
Regulations § 16000, CONTRACTOR must pay its workers prevailing
wages. It is CONTRACTOR's responsibility to interpret and implement any
prevailing wage requirements and CONTRACTOR agrees to pay any
penalty or civil damages resulting from a violation of the prevailing wage
laws.
B. In accordance with Labor Code § 1773.2, copies of the prevailing rate of
per diem wages are available upon request from CITY's Engineering
Division or the website for State of California Prevailing wage
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determination at hftp://www.dir.ca,gov/DLSR/PWD. CONTRACTOR must
post a copy of the prevailing rate of per diem wages at the job site,
C, CITY directs CONTRACTOR's attention to Labor Code §§ 1777.5, 1777.6
and 3098 concerning the employment of apprentices by CONTRACTOR
or any subcontractor.
D. Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing
tradesmen in any apprenticeship occupation to apply to the joint
apprenticeship committee nearest the site of the public works project and
which administers the apprenticeship program in that trade for a certificate
of approval. The certificate must also fix the ratio of apprentices to
journeymen that will be used in the performance of the contract. The ratio
of apprentices to journeymen in such cases will not be less than one to
five except:
When employment in the area of coverage by the joint appren-
ticeship committee has exceeded an average of 15 percent in the
90 days before the request for certificate, or
ii. When the number of apprentices in training in the area exceeds a
ratio of one to five, or
iii. When the trade can show that it is replacing at least 1/30 of its
membership through apprenticeship training on an annual basis
state -wide or locally, or
iv. When CONTRACTOR provides evidence that CONTRACTOR
employs registered apprentices on all of his contracts on an annual
average of not less than one apprentice to eight journeymen.
V. CONTRACTOR is required to make contributions to funds estab-
lished for the administration of apprenticeship programs if
CONTRACTOR employs registered apprentices or journeymen in
any apprenticeable trade on such contracts and if other contractors
on the public works site are making such contributions.
vi. CONTRACTOR and any subcontractor must comply with Labor
Code §§ 1777.5 and 1777.6 in the employment of apprentices.
vii, Information relative to apprenticeship standards, wage schedules
and other requirements may be obtained from the Director of
Industrial Relations, ex- officio the Administrator of Apprenticeship,
San Francisco, California, or from the Division of Apprenticeship
Standards and its branch offices.
E. CONTRACTOR and its subcontractors must keep an accurate certified
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payroll records showing the name, occupation, and the actual per diem
wages paid to each worker employed in connection with this Agreement.
The record will be kept open at all reasonable hours to the inspection of
the body awarding the contract and to the Division of Labor Law
Enforcement. If requested by CITY, CONTRACTOR must provide copies
of the records at its cost.
5. PAYMENTS.
A. For CITY to pay CONTRACTOR as specified by this Agreement,
CONTRACTOR must submit a detailed invoice to CITY.
B. CITY's city manager may make payments up to twenty thousand dollars
($20,0000.00) for special items of work not included in the project scope of
work and services. Payments for special work will only be made after
CITY issues a written notice to proceed for the specific special tasks. A
written scope of work, an agreed upon additional fee, a schedule for
starting and completing the special tasks, and an agreed upon extension
of the time for performance, if needed to complete the special work, will be
required before CITY issues a notice to proceed for special work. All
special work will be subject to all other terms and provisions of this
Agreement.
6. FAMILIARITY WITH WORK,
A. By executing this Agreement, CONTRACTOR represents that
CONTRACTOR has
i. Thoroughly investigated and considered the scope of services to be
performed;
ii. Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement.
B. If services involve work upon any site, CONTRACTOR warrants that
CONTRACTOR has or will investigate the site and is or will be fully
acquainted with the conditions there existing, before commencing the
services hereunder. Should CONTRACTOR discover any latent or
unknown conditions that may materially affect the performance of the
services, CONTRACTOR will immediately inform CITY of such fact and
will not proceed except at CONTRACTOR's own risk until written
instructions are received from CITY.
7. INSURANCE.
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A. Before commencing performance under this Agreement, and at all other
times this Agreement is effective, CONTRACTOR will procure and
maintain the following types of insurance with coverage limits complying,
at a minimum, with the limits set forth below:
Type of Insurance
Commercial general liability:
Business automobile liability
Workers compensation
Limits combiined sin le
$2 Million
$1 Million
Statutory requirement
B. Commercial general liability insurance will meet or exceed the
requirements of ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of
insurance set forth above will be a combined single limit per occurrence
for bodily injury, personal injury, and property damage for the policy
coverage. Liability policies will be endorsed to name City, its officials, and
employees as "additional insureds" under said insurance coverage and to
state that such insurance will be deemed "primary" such that any other
insurance that may be carried by City will be excess thereto. Such
insurance will be on an "occurrence," not a "claims made," basis and will
not be cancelable or subject to reduction except upon thirty (30) days prior
written notice to City.
C. Automobile coverage will be written on ISO Business Auto Coverage Form
CA 00 01 06 92, including symbol 1 (Any Auto).
D, CONTRACTOR will furnish to City duly authenticated Certificates of
Insurance evidencing maintenance of the insurance required under this
Agreement, endorsements as required herein, and such other evidence of
insurance or copies of policies as may be reasonably required by City
from time to time. Insurance must be placed with insurers with a current
A.M. Best Company Rating equivalent to at least a Rating of "A:VII."
Certificate(s) must reflect that the insurer will provide thirty (30) day notice
of any cancellation of coverage. CONTRACTOR will require its insurer to
modify such certificates to delete any exculpatory wording stating that
failure of the insurer to mail written notice of cancellation imposes no
obligation, and to delete the word "endeavor" with regard to any notice
provisions.
E. Should CONTRACTOR, for any reason, fail to obtain and maintain the
insurance required by this Agreement, City may obtain such coverage at
CONTRACTOR's expense and deduct the cost of such insurance from
payments due to CONTRACTOR under this Agreement or terminate.
8. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this
Agreement until:
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A. CONTRACTOR furnishes proof of insurance as required under Section 7
of this Agreement; and
B. CITY gives CONTRACTOR a written notice to proceed.
C. Should CONTRACTOR begin work in advance of receiving written
authorization to proceed, any such professional services are at
CONTRACTOR's own risk.
9. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any
time with or without cause. Notice of termination will be in writing.
B. CONTRACTOR may terminate this Agreement upon providing written
notice to CITY at least thirty (30) days before the effective termination
date.
C, Should the Agreement be terminated pursuant to this Section, CITY may
procure on its own terms services similar to those terminated.
D. By executing this document, CONTRACTOR waives any and all claims for
damages that might otherwise arise from CITY's termination under this
Section.
10. INDEMNIFICATION.
A. CONTRACTOR indemnifies and holds CITY harmless from and
against any claim, action, damages, costs (including, without
limitation, attorney's fees), injuries, or liability, arising out of this
Agreement, or its performance. Should CITY be named in any suit, or
should any claim be brought against it by suit or otherwise, whether
the same be groundless or not, arising out of this Agreement, or its
performance, CONTRACTOR will defend CITY (at CITY's request and
with counsel satisfactory to CITY) and will indemnify CITY for any
judgment rendered against it or any sums paid out in settlement or
otherwise.
B. For purposes of this section "CITY" includes CITY's officers, officials,
employees, agents, representatives, and certified volunteers.
C. It is expressly understood and agreed that the foregoing provisions will
survive termination of this Agreement.
11. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that
CONTRACTOR will act as an independent contractor and will have control of all work
and the manner in which is it performed. CONTRACTOR will be free to contract for
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similar service to be performed for other employers while under contract with CITY.
CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in
any pension plan, insurance, bonus or similar benefits CITY provides for its employees.
Any provision in this Agreement that may appear to give CITY the right to direct
CONTRACTOR as to the details of doing the work or to exercise a measure of control
over the work means that CONTRACTOR will follow the direction of the CITY as to end
results of the work only.
12. NOTICES.
A. All notices given or required to be given pursuant to this Agreement will be
in writing and may be given by personal delivery or by mail. Such noticing
does not include day -to -day communications between CITY's and
CONTRACTOR's project managers. Notice sent by mail will be addressed
as follows:
To CITY: Stephanie Katsouleas, P.E.
Department of Public Works
City of El Segundo
350 Main Street
El Segundo, CA 90245
To CONTRACTOR:
Lina Rough - President
Excelsior Elevator Corporation
1961 Blair Avenue
Santa Ana, CA 92705
B. When addressed in accordance with this paragraph, notices will be
deemed given upon deposit in the United States mail, postage prepaid. In
all other instances, notices will be deemed given at the time of actual
delivery.
C, Changes may be made in the names or addresses of persons to whom
notices are to be given by giving notice in the manner prescribed in this
paragraph.
13. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a
Taxpayer Identification Number.
14. WAIVER. A waiver by CITY of any breach of any term, covenant, or condition
contained in this Agreement will not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant, or condition contained in this
Agreement, whether of the same or different character.
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15. CONSTRUCTION. The language of each part of this Agreement will be construed
simply and according to its fair meaning, and this Agreement will never be construed
either for or against either party.
16. SEVERABLE. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to
the extent necessary in the opinion of the court to render such portion enforceable and,
as so modified, such portion and the balance of this Agreement will continue in full force
and effect.
17. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience
of reference only and will not affect the interpretation of this Agreement.
18. WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute
a waiver of any other provision, nor will such waiver constitute a continuing waiver.
19. INTERPRETATION. This Agreement was drafted in, and will be construed in
accordance with the laws of the State of California, and exclusive venue for any action
involving this agreement will be in Los Angeles County.
20.AUTHORITY /MODIFICATION. This Agreement may be subject to and conditioned
upon approval and ratification by the El Segundo City Council. This Agreement is not
binding upon CITY until executed by the City Manager. The Parties represent and
warrant that all necessary action has been taken by the Parties to authorize the
undersigned to execute this Agreement and to engage in the actions described herein.
This Agreement may be modified by written agreement. CITY's city manager may
execute any such amendment on behalf of CITY.
21.ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this
Agreement, agreements ancillary to this Agreement, and related documents to be
entered into in connection with this Agreement will be considered signed when the
signature of a party is delivered by facsimile transmission. Such facsimile signature will
be treated in all respects as having the same effect as an original signature.
22. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity
between any provision of this Agreement, its attachments, the purchase order, or notice
to proceed, the provisions of this Agreement will govern and control.
23. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience
of reference only and will not affect the interpretation of this Agreement.
24. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire,
flood, explosion, war, terrorist act, embargo, government action, civil or military
authority, the natural elements, or other similar causes beyond the Parties' control, then
the Agreement will immediately terminate without obligation of either party to the other.
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25. ENTIRE AGREEMENT. This Agreement and its one attachment constitutes the sole
agreement between CONTRACTOR and CITY respecting Elevator Maintenance,
Repair and On -call Services. To the extent that there are additional terms and
conditions contained in Exhibit "B" that are not in conflict with this Agreement, those
terms are incorporated as if fully set forth above. There are no other understandings,
terms or other agreements expressed or implied, oral or written.
IN WITNESS WHEREOF the parties hereto have executed this contract the day
and year first hereinabove written.
CITY F ELEGUNDO t
Greg C pe r;
City Mna r
ATTEST:
Trac '- er
City Clem
APPROVED
MARK D. HE
F
Karl H. Berger, Ass
tant City Attorney
Taxpayer ID No.
Business License No. d
State License No. 7 _ ��
WE
EXHIBIT A
CITY OF EL SEGUNDO - BID SHEET
ELEVATOR MAINTENANCE, REPAIR AND ON -CALL SERVICES
Project No.: PW 13 -3
TOTAL BID ITEMS 1 THROUGH 5
TOTAL BID WRITTEN IN WORDS:
,$710.00 Per Month
Seven Hundred Ten and 00 /100 Per Month
REPAIR and ON -CALL SERVICES RATES:
Crew Foreman /Superintendent.
ESTIMATED
DESCRIPTION
UNIT PRICE
AMOUNT
ITEM
QUANTITIES
(UNIT PRICE WRITTEN IN WORDS)
IN FIGURES
$__125-00
NO.
/hour
Laborer
$___155-00
1
LUMP SUM
Furnish maintenance, performance,
0
/,day $ 0 /day
Confined space entry set -up
testing and housekeeping for one
$134.00/MO
$
elevator at 350 Main Street (City Hall)
2
LUMP SUM
Furnish maintenance, performance,
testing and housekeeping for one
$$134.00/MO
$
elevator at 348 Main Street (Police
Department)
3
LUMP SUM
Furnish maintenance, performance,
testing and housekeeping for one
$134.00/MO
elevator at 339 Sheldon Street
(Recreation Park)
4
LUMP SUM
Furnish maintenance, performance,
testing and housekeeping for one
$134.00/MO
elevator at 261 E. Mariposa Ave. (Fire
Station 2)
5
LUMP SUM
Furnish maintenance, performance,
testing and housekeeping for one
$174.00/MO
$
elevator and one dumb waiter at 111
W. Mariposa (Library)
TOTAL BID ITEMS 1 THROUGH 5
TOTAL BID WRITTEN IN WORDS:
,$710.00 Per Month
Seven Hundred Ten and 00 /100 Per Month
REPAIR and ON -CALL SERVICES RATES:
Crew Foreman /Superintendent.
$
155.00
/hour
Technician — Journeyman.
$__155-00
/hour
Technician — Helper
$__125-00
/hour
Laborer
$___155-00
/hour
Key equipment - vehicles
$
0
/,day $ 0 /day
Confined space entry set -up
$
0 /setup
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ffiIBIT B
TABLE OF CONTENTS
SECTION
A. NOTICE INVITING SEALED BIDS
44 13
PAGE
I -A -1
B.
INSTRUCTIONS TO BIDDERS
I -B -1
1. DEFINITIONS
I -B -1
2. BIDDER'S REPRESENTATION
I -B -1
3. BIDDING DOCUMENTS
I -B -2
4. INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS
I -B -3
5. PRODUCT SUBSTITUTIONS
I -B -3
6. SUBCONTRACTORS
I -B -3
7. ADDENDA
I -B -3
8. FORM AND SYLE OF BIDS
I -B -4
9. BID SECURITY
I -B -4
10. MODIFICATION OR WITHDRAWAL OF BID
I -B -6
11. OPENING OF BIDS
I -B -6
12. REJECTION OF BIDS
I -B -6
13. AWARD
I -B -6
C.
PROPOSAL
I -C -1
1. INSURANCE REQUIREMENTS
I -C -1
2. BID SHEET
I -C -2
3. STATEMENT OF PAST DISQUALIFICATION
I -C -3
4. BIDDER'S INFORMATION
I -C -4
5. CONTRACTOR'S LICENSE DECLARATION
I -C -5
6. NON - COLLUSION AFFIDAVIT
I -C -6
7. CERTIFICATION (WORKER'S COMPENSATION)
I -C -7
8. DESIGNATION OF SUBCONTRACTORS
I -C -8
9. REFERENCES
I -C -9
D.
CITY OF EL SEGUNDO PUBLIC WORKS CONTRACT
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E.
FAITHFUL PERFORMANCE BOND
I -E -1
F.
LABOR AND MATERIALS BOND
I -F -1
G.
GENERAL REQUIREMENTS
I -G -1
H.
NOTIFICATIONS
I -H -1
I.
TECHNICAL SPECIFICATIONS
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i
NOTICE INVITING SEALED BIDS
FOR
ELEVATOR MAINTENANCE, REPAIR, AND ON -CALL SERVICES
IN THE CITY OF EL SEGUNDO
PW 13 -03
(BID IN ACCORDANCE WITH PUBLIC CONTRACTS CODE §§ 20160, ET SEQ.
[FORMAL BID]
TAKE NOTICE that the City of El Segundo invites sealed bids for the above project and
will receive such bids in the offices of the City Clerk, 350 Main Street, El Segundo,
California 90245, up to the hour of 11:00 a.m. on:
THURSDAY, JANUARY 31, 2013
at which time they will be publicly opened.
The City's standard maintenance service contract incorporates the provisions of the
California Labor Code and requires the successful bidder to comply with the prevailing
rates of wages and apprenticeship employment standards established by the
Department of Industrial Relations.
Minority business enterprises will be afforded full opportunity to submit bids in response
to this notice and will not be discriminated against on the basis of race, color, national
origin, ancestry, sex, or religion in any consideration leading to the award of contract.
Note that a bid bond is ❑ (the City Engineer estimates maintenance services will
exceed $30,000) is not Q (maintenance services will not exceed $30,000) required for
this bid.
Note that a performance bond is Q is not ❑ required for this bid.
DATED this day of , 20
CITY OF EL SEGUNDO, CALIFORNIA
Tracy Weaver, City Clerk
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BIDDING INSTRUCTIONS
1 DEFINITIONS. Unless the contrary is stated or clearly appears from the context,
the following definitions govern the construction of the words and phrases used in
these Bidding Documents. Words and phrases not defined in this Section have the
meaning set forth in the El Segundo Municipal Code ( "ESMC ") or applicable law.
1.1 "Addenda" means written or graphic instruments issued by the City before the
Bid Deadline that modify or interpret the Bidding Documents by additions,
deletions, clarifications, or corrections.
1.2 "Alternate" means a proposed change in the maintenance services, as
described in the Bidding Documents which, if accepted, may result in a change to
either the Contract Sum or the Contract Time, or both.
1.3 "Bid Deadline" means the date and time designated in the Notice for Bids as
the last date and time for receipt of Bids, as may be revised by Addenda.
1.4 "Bidder" means a person or firm that submits a Bid.
1.5 "Bidding Documents" means the construction documents prepared and
issued for bidding purposes including all Addenda.
1.6 "Contract Documents" means the Notice Inviting Bids; Instructions to Bidders;
Supplementary Instructions to Bidders; Bid; the Maintenance Service Agreement;
Supplementary Conditions; Exhibits; Technical Specifications; Addenda; Notice
to Proceed; Notice of Completion; and all other documents identified in the
Contract Documents which together form the contract between the City and the
Contractor for the Work. The Contract Documents constitute the complete
agreement between the City and the Contractor and supersede any previous
agreements or understandings.
1.7 "Lump Sum Base Bid" means the sum stated in the Bid for which Bidder
offers to perform the Work described in the Bidding Documents, but not including
unit price items or Alternates.
1.8 "Unit Price" means an amount stated in the Bid for which Bidder offers to
perform the Unit Price Work for a fixed price per unit of measurement.
1.9 "Work" means the Scope of Work identified in the Contract Documents for
which the Notice Inviting Bids is issued.
2 BIDDER'S REPRESENTATIONS. By making its Bid, Bidder represents that:
2.1 Bidder read, understood, and made the Bid pursuant to the requirements in
the Bidding Documents.
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2.2 Bidder visited the Project site and is familiar with the conditions under which
the Work will be performed and the local conditions as related to the Contract
Documents.
2.3The Bid is based upon the materials, equipment, and systems required by the
Bidding Documents.
2.4 Bidder and all Subcontractors, regardless of tier, have the appropriate current
licenses issued by the State of California Contractor's State License Board for
the Work to be performed. If Bidder is a joint venture, the Bidder will have a joint
venture license appropriate for the performance of the work, and each member of
the joint venture will likewise have the appropriate license. Business and
Professions Code §§ 7000 -7191 establish licensing requirements for contractors.
If a Bidder, that is a specialty contractor, submits a Bid involving 3 or more
specialized building trades, the work of which is more than incidental and
supplemental to the performance of the Work for which Bidder holds a specialty
contractor license, Bidder must also hold either (1) a specialty contractor "C"
license in each such trade, (2) a General Engineering contractor "A" license, or
(3) a General Building contractor "B" license. This requirement is applicable
whether or not Bidder lists a Subcontractor for each such trade.
2.5 If licensure or proper licensure is controverted, then proof of licensure
pursuant to this section must be made by production of a verified certificate of
licensure from the Contractors' State License Board which establishes that the
individual or entity bringing the action was duly licensed in the proper
classification of contractors at all times during the performance of any act or
contract covered by the action. Nothing in this subdivision requires any person or
entity controverting licensure or proper licensure to produce a verified certificate.
When licensure or proper licensure is controverted, the burden of proof to
establish licensure or proper licensure is on the licensee.
2.6 Bidder has the expertise and financial capacity to perform and complete all
obligations under the Bidding Documents.
2.7The person executing the Bid Form is duly authorized and empowered to
execute the Bid Form on Bidder's behalf.
2.8 Bidder is aware of and, if awarded the Contract, will comply with Applicable
Code Requirements in its performance of the Work.
2.9The Bidder has paid the City's business license fee(s).
3 BIDDING DOCUMENTS.
3.1 Bidders may obtain complete sets of the Bidding Documents from the City's
Public Works Department for the sum stated in the Notice for Bids.
3.2 Bidders will use a complete set of Bidding Documents in preparing Bids.
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3.3The City makes copies of the Bidding Documents available, on the above
terms, for the sole purpose of obtaining Bids for the Work and does not confer a
license or grant permission for any other use of the Bidding Documents.
4 INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS..
4.1 Before submitting its Bid, Bidder will carefully study and compare the various
documents comprising the Bidding Documents and compare them with any other
work being bid concurrently or presently under construction which relates to the
Work for which the Bid is submitted; will examine the Project site, the conditions
under which the Work is to be performed, and the local conditions; and will at
once report to the City's Representative errors, inconsistencies, or ambiguities
discovered.
4.2 Requests for clarification or interpretation of the Bidding Documents will be
addressed to the City's Representative.
4.3 Clarifications, interpretations, corrections, and changes to the Bidding
Documents will be made by Addenda. Clarifications, interpretations, corrections,
and changes to the Bidding Documents made in any other manner will not be
binding and Bidders will not rely upon them.
5 PRODUCT SUBSTITUTIONS. No substitutions will be considered before award of
Contract. Substitutions will only be considered after award of the Contract and as
provided for in the Contract Documents.
6 SUBCONTRACTORS.
6.1 Each Bidder will list in the Bid Form all first -tier Subcontractors that will
perform work, labor or render such services. The Bid Form contains spaces for
the following information when listing Subcontractors: (1) Work Activity; (2) name
of Subcontractor; (3) city of Subcontractor's business location. Failure to list any
of these items on the Bid Form will result in the City treating the Bid as if no
Subcontractor was listed for the Work and that Bidder represents to the City that
it is fully qualified to perform that portion of the Work and will perform do so.
6.2 Subcontractors listed in the Bid Form will only be substituted after the Bid
Deadline with the City's written consent in accordance with California law.
7 ADDENDA.
7.1 Addenda will be in writing and issued only by the City. Addenda will be
mailed or delivered to all who are known by the City to have received a complete
set of Bidding Documents and who have provided a street address for receipt of
Addenda.
7.2 Copies of Addenda will be made available for inspection at the City's Public
Works Department.
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7.3The City will issue Addenda so that they are received by prospective Bidders
not later than three (3) business days before the Bid Deadline. Addenda that
withdraw the request for Bids or postpone the Bid Deadline may be issued
anytime before the Bid Deadline.
7.4 Each Bidder is responsible for ensuring that it has received all issued
Addenda before issuing a Bid.
8 FORM AND STYLE OF BIDS
8.1 Bids will be submitted on the Bid Form included with the Bidding Documents..
Bids not submitted on the City's Bid Form will be rejected.
8.2AI1 blanks on the Bid Form will be filled in legibly in ink or by typewriter.
8.3 Bidder's failure to submit a price for any Alternate or unit price will result in the
Bid being considered as nonresponsive. If Alternates are called for and no
change in the Lump Sum Base Bid is required, enter "No Change."
8.4 Each Bidder must fill out the "Bidders Statement of Past Contract Disqualifica-
tions" form stating any and all instances of contract disqualifications due to a
violation of a law or safety regulation. The Bidder must explain the
circumstances of each disqualification. The City may reject the bid based on
such information.
8.5 Bidder will make no stipulations on the Bid Form nor qualify the Bid in any
manner.
8.6The Bids will be based upon full completion of all the Work as shown on the
plans and specifications. It is expressly understood that the plans are drawn with
as much accuracy as is possible in advance, but should errors, omissions or
discrepancies exist in the plans which show conditions that vary from those
encountered in construction, the Bidder (if awarded the Contract) specifically
agrees to construct a completed work ready for the use and in the manner which
is intended. In the event of increasing or decreasing of work, the total amount of
work actually done or materials or equipment furnished must be paid for
according to the unit or lump sum price established for such work under the
contract, wherever such unit or lump sum price has been established. In the
event no prices are named in the contract to cover such changes or alterations,
the cost of such changes must be covered as extra work.
8.7The Bid Form will be signed by a person or persons legally authorized to bind
Bidder to a contract. Bidder's Representative will sign and date the Declaration
included in the Bid Form. Failure to sign and date the declaration will cause the
Bid to be rejected.
9 BID SECURITY
.,
%j
9.1 If indicated on the Notice Inviting Bids, each Bid will be accompanied by Bid
Security, in the amount of 10% of the Lump Sum Base Bid as security for
Bidder's obligation to enter into a Contract with the City on the terms stated in the
Bid Form and to furnish all items required by the Bidding Documents. Bid
Security will be a Bid Bond on the form provided by the City or a certified check
made payable to "City of El Segundo." When a Bond is used for Bid Security,
failure to use the City's Bid Bond form will result in the rejection of the Bid.
9.2 If the apparent lowest responsible Bidder fails to sign the Agreement and
furnish all items required by the Bidding Documents within the time limits
specified in these Instructions to Bidders, the City will disqualify such Bidder and
select the next apparent lowest responsible Bidder until all bids have been
exhausted or the City may reject all bids. In such an event, the disqualified
Bidder will be liable for and forfeit to the City the amount of the difference, not to
exceed the amount of the Bid Security, between the amount of the disqualified
Bid and the larger amount for which the City procures the Work.
9.3 If a Bid Bond is submitted and an attorney -in -fact executes the Bid Bond on
behalf of the surety, a notarized and current copy of the power of attorney will be
affixed to the Bid Bond. The surety issuing the Bid Bond will be listed in the
latest published State of California, Department of Insurance list of, "Insurers
Admitted to Transact Surety Insurance in This State."
9AThe City will retain Bid Security until the occurrence of one of the following:
9.4.1 All items required by the Bidding Documents have been furnished
and the Agreement has been signed by the successful Bidder and the
City.
9.4.2 The specified time has elapsed during which Bids may be
withdrawn.
9.4.3 All Bids have been rejected.
9.5The Bid Form, Bid Security, and all other documents required to be submitted
with the Bid will be enclosed in a sealed opaque envelope. The envelope will be
addressed to the City Clerk. The envelope will be identified with the Project
name, Bidder's name and address, and, if applicable, the designated portion of
the Project for which the Bid is submitted. If the Bid is sent by mail, the sealed
envelope will be enclosed in a separate mailing envelope labeled as follows:
"SEALED BID ENCLOSED."
9.6 Bids will be deposited at the designated location on or before the Bid
Deadline. A Bid received after the Bid Deadline will be returned to Bidder
unopened.
9.7 Bidder will assume full responsibility for timely delivery at the location
designated for receipt of Bids.
1 -B -5
,
ha
9.8 Oral, telephonic, facsimile, or telegraphic Bids are invalid and will not be
accepted.
10 MODIFICATION OR WITHDRAWAL OF BID, .
10.1 Before the Bid Deadline, a submitted Bid maybe modified or withdrawn.
Notice of such action will be given to the City in writing and signed by the
Bidder's authorized representative. A change so made will be so worded as not
to reveal the amount of the original Bid.
10.2 A withdrawn Bid may be resubmitted up to the Bid Deadline, provided that
it then fully complies with the Bidding Requirements.
10.3 Bid Security will be in an amount sufficient for the Bid as modified or
resubmitted.
10.4 Bids may not be modified, withdrawn, or canceled within sixty (60) days
after the Bid Deadline unless otherwise provided in Supplementary Instructions
to Bidders.
11 OPENING OF BIDS. Bids submitted in the manner required by these instructions
and are received on or before the Bid Deadline will be opened publicly.
12 REJECTION OF BIDS.
12.1 The City will have the right to reject all Bids.
12.2 The City will have the right to reject any Bid not accompanied by the
required Bid Security or any other item required by the Bidding Documents, or a
Bid which is in any other way materially incomplete or irregular.
13 AWARD
13.1 The City may retain all bids for a period of sixty (60) days for examination
and comparison, and to delete any portion of the work from the contract.
13.2 The City may waive nonmaterial irregularities in a Bid and to accept the
lowest responsive Bid as determined by The City.
13.3 The City has the right to accept Alternates in any order or combination,
unless otherwise specifically provided in the Bidding Documents.
13.4 The City will determine the low Bidder on the basis of the sum of the Lump
Sum Base Bid plus all unit prices multiplied by their respective estimated
quantities as stated in the Bid Form, if any, plus the Contractor Delay Damages
multiplied by the "multiplier" as stated in the Bid Form, plus the amounts of all
accepted Alternates.
iffm
1 3 , .a4
13.4.1 Inclusion of Contractor Delay Damages within the Bid Form is
solely for the purpose of determining the low bidder and establishing the
City's maximum daily liability as a result of City delays to Contractor, if
any, and City has no obligation to pay any daily Contractor Delay
Damages except as provided for in these Contract Documents for
Compensable Delays. In the event that City becomes liable to Contractor
for compensable delays, City agrees to pay Contractor the daily
Contractor Delay Damages set forth in the Proposal Form or Contractor's
actual daily delay damages, whichever is less, for each day of
Compensable Delay as provided for by these Contract Documents.
13.5 The City will select the apparent lowest responsive and responsible Bidder
and notify such Bidder within thirty (30) days (unless number of days is modified
in Supplementary Instructions to Bidders) after the Bid Deadline or reject all bids.
Within ten (10) days after receiving the City's notice that Bidder was selected as
the apparent lowest responsible Bidder, Bidder will submit to the City all of the
following items:
13.5.1 Three originals of the Agreement signed by Bidder.
13.5.2 Three originals of the Labor and Materials Bond.
13.5.3 Three originals of the Performance Bond (if applicable).
13.5.4 Three originals of the Noncollusion Affidavit.
13.5.5 Certificates of Insurance on form provided by the City..
13.5.6 Names of all Subcontractors, with their addresses, telephone
number, facsimile number, trade on Bidders' company stationery.
Evidence, as required by the City, of the reliability and responsibility of the
proposed Subcontractors such as statements of experience, statements of
financial condition, and references.
13.5.7 Preliminary Contract Schedule.
13.5.8 Selection of Retention Options and Escrow Agreement for Deposit
of Securities in Lieu of Retention and Deposit of Retention. If not
submitted, the City will withhold retention.
13.5.9 Cost Breakdown,
13.6 Before award of the Contract, the City will notify Bidder in writing, if the
City objects to a Subcontractor proposed by Bidder, in which case Bidder will
propose a substitute acceptable to the City. Failure of the City to object to a
proposed Subcontractor before award will not preclude the City from requiring
replacement of any Subcontractor based upon information received subsequent
to award, information which cannot be properly evaluated before award due to
1 -B -7
44 13
time constraints, or information relating to a failure to comply with the
requirements of the Contract.
13.7 If Bidder submits the three original signed Agreements and all other items
within ten (10) days after receiving the City's notification, and all such items
comply with the requirements of the Bidding Documents, the City will award the
Contract to Bidder by signing the Agreement and returning a signed copy of the
Agreement to Bidder.
13.8 If the City consents to the withdrawal of the Bid of the apparent lowest
responsible Bidder, or the apparent lowest responsible Bidder fails or refuses to
sign the Agreement or submit to the City all of the items required by the Bidding
Documents, within ten (10) days after receiving the City's notification, or the City
determines that the Bidder is not financially or otherwise qualified to perform the
Contract, the City may reject such Bidder's Bid and select the next apparent
lowest responsible Bidder, until all bids are exhausted, or reject all Bids.
I-
INSURANCE REQUIREMENTS
[MUST BE SUBMITTED WITH PROJECT PROPOSAL]
To be awarded this contract, the successful bidder must procure and maintain the
following types of insurance with coverage limits complying, at a minimum, with the
limits set forth below:
Type of Insurance Limits
Commercial general liability: $2 Million
Business automobile liability $1 Million
Workers compensation Statutory requirement
Commercial general liability insurance must meet or exceed the requirements of ISO -
CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above must
be a combined single limit per occurrence for bodily injury, personal injury, and property
damage for the policy coverage. Liability policies must be endorsed to name the City,
its officials, and employees as "additional insureds" under said insurance coverage and
to state that such insurance will be deemed "primary" such that any other insurance that
may be carried by the City will be excess thereto. Such endorsement must be reflected
on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance must be on an
"occurrence," not a "claims made," basis and will not be cancelable or subject to
reduction except upon thirty (30) days prior written notice to the City.
Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 01
06 92, including symbol 1 (Any Auto).
The Consultant must furnish to the City duly authenticated Certificates of Insurance
evidencing maintenance of the insurance required under this Agreement, endorsements
as required herein, and such other evidence of insurance or copies of policies as may
be reasonably required by the City from time to time. Insurance must be placed with
admitted insurers with a current A.M. Best Company Rating equivalent to at least a
Rating of "A:Vll." Certificate(s) must reflect that the insurer will provide thirty (30) day
notice of any cancellation of coverage. The Consultant will require its insurer to modify
such certificates to delete any exculpatory wording stating that failure of the insurer to
mail written notice of cancellation imposes no obligation, and to delete the word
"endeavor" with regard to any notice provisions.
By signing this form, the bidder certifies that it has read, understands, and will comply
with these insurance requirements if it is selected as the City's consultant. Failure to
provide this insurance will render the bidder's proposal "nonresponsive."
Date
1 -C -1
Bidder
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CITY OF EL SEGUNDO - BID SHEET
ELEVATOR MAINTENANCE, REPAIR AND ON -CALL SERVICES
Project No.: PW 13 -3
TOTAL BID WRITTEN IN WORDS:
REPAIR and ON -CALL SERVICES RATES:
ESTIMATED
DESCRIPTION
UNIT PRICE
AMOUNT
ITEM
QUANTITIES
(UNIT PRICE WRITTEN IN WORDS)
IN FIGURES
Key equipment - vehicles
NO.
Confined space entry set -up
$
1
LUMP SUM
Furnish maintenance, performance,
testing and housekeeping for one
$
$
elevator at 350 Main Street (City Hall)
2
LUMP SUM
Furnish maintenance, performance,
testing and housekeeping for one
$
$
elevator at 348 Main Street (Police
Department)
_......
3
LUMP SUM
......... ....
Furnish maintenance, performance,
_...
testing and housekeeping for one
$
elevator at 339 Sheldon Street
(Recreation Park)
............. ..-
4
LUMP SUM
....
Furnish maintenance, performance,
testing and housekeeping for one
$
elevator at 261 E. Mariposa Ave. (Fire
Station 2)
5
LUMP SUM
. ....... ._ ...... .
Furnish maintenance, performance,
testing and housekeeping for one
$
elevator and one dumb waiter at 111
W. Mariposa (Library)
.._.
TOTAL
..... ......... .
BID ITEMS 1 THROUGH
5
TOTAL BID WRITTEN IN WORDS:
REPAIR and ON -CALL SERVICES RATES:
Crew Foreman /Superintendent.
$
Technician — Journeyman.
$
Technician — Helper
$
Laborer
$
Key equipment - vehicles
$
Confined space entry set -up
$
1 -C -2
/hour
/hour
/hour
hour
/day $
/setup
• m
ELEVATOR MAINTENANCE, REPAIR, AND ON -CALL SERVICES
PW No. 13 -3
BIDDER'S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
Please state all instances of being disqualified, removed, or otherwise prevented from
bidding on, or completing, a federal, state, or local government project due to a violation
of a law or safety regulation.
Have you ever been disqualified from any government contract?
Yes ❑ No ❑
2. If yes, explain the circumstances:
Bidder's Signature
1 -C -3
BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:
Bidder's Name
Form of Legal Entity (i.e., individual, partnership, corporation, etc.)
If corporation, State of Incorporation (i.e., California)
Business Address
Address
Telephone No.
FAX No.
State Contractor's License No. and Class
Original Date Issued
Expiration Date
The following are the names, titles, addresses, and phone numbers of all individuals, firm
members, partners, joint venturers, and /or corporate officers having principal interest in this
proposal:
The date of any voluntary or involuntary bankruptcy judgments against any principal having an
interest in this proposal are as follows:
All current and prior DBA's, alias, and /or fictitious business names for any principal having an
interest in this proposal are as follows:
1 -C -4
44 1
1.1 .
CONTRACTOR'S LICENSE DECLARATION
(Business and Professions Code Section 7028.15)
BIDDER'S Contractor's License Number is:
Class No.:
2. The expiration date of BIDDER'S Contractor License is:
, 20
3. BIDDER ACKNOWLEDGES THAT section 7028.15(e) of the Business and Professions
Code provides as follows:
"A licensed contractor must not submit a bid to a public agency unless his or her
contractor's license number appears clearly on the bid, the license expiration date is
stated, and the bid contains a statement that representations herein are made under
penalty of perjury. Any bid not containing this information, or a bid containing information
which is subsequently proven false, must be considered non - responsive and must be
rejected by the public agency."
The undersigned declares, under penalty of perjury, that the representations
made by the undersigned in this bid proposal are true and correct.
Executed on
20_, at
(insert City and State where Declaration is signed).
Signature
Typed Name
Title
Name of Bidder
1 -C -5
NON - COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
State of California )
) ss.
County of )
m 4hN1�1 a 41� . d
„ being first duly sworn, deposes and say that he or she is
of the party making the foregoing bid that
the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or
sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to
put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or
agreed with any BIDDER or anyone else to put in a sham bid, or that anyone must refrain from
bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the BIDDER, or fix any
overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure
any advantage against the public body awarding the contract of anyone interested in the
proposed contract; that all statements contained in the bid are true; and further, that the bidder
has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the
contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any
fee to any corporation, partnership, company association, organization, bid depository, or to any
member or agent thereof to effectuate a collusive or sham bid.
Signature
Typed Name
Title
1 -C -6
Name of Bidder
Date
CERTIFICATION
LABOR CODE § 1861
(Workers' Compensation)
Pursuant to Labor Code § 1861, the BIDDER, in submitting his PROPOSAL, must sign
the following certification:
"I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for workers' compensation or to undertake self- insurance
in accordance with the provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract."
Signature of Bidder:
Title:
Business Name:
Business Address:
Telephone Number:
Dated this day of 20
1 -C -7
DESIGNATION OF SUBCONTRACTORS
BIDDER proposes to subcontract certain portions of the work which are in excess of one -half of
one percent of the bid and to procure materials and equipment from suppliers and vendors as
follows;
NAME, ADDRESS AND PHONE
NUMBER OF SUBCONTRACTORS,
SUPPLIERS, AND VENDORS
1 -C -8
PORTION OF WORK, MATERIALS,
OR EQUIPMENT
a
a` &8
REFERENCES
The following are the names, addresses, and telephone numbers for three (3) public agencies
for which BIDDER has performed similar work as the prime contractor or major subcontractor
within the past two (2) years:
1 Project Title:
Location:
Name and address of owner
Name and telephone number of person familiar with project
Type of Work:
Contract amount: $ Date completed.
Amount of work done by my /our firm under contract $
Did your firm have any financial interest in Project?
Z Project Title:
Location:
Name and address of owner
Name and telephone number of person familiar with project
Type of Work:
Contract amount: $ Date completed:
Amount of work done by my /our firm under contract $
Did your firm have any financial interest in Project?
1 Project Title,
.
Location:
Name and address of owner
Name and telephone number of person familiar with project
Type of Work:
Contract amount: $ Date completed:
Amount of work done by my /our firm under contract $
1 -C -9
° J t:,
Did your firm have any financial interest in
Project?
4, Project Title:
Location:
Name and address of owner
Name and telephone number of person familiar with project
Type of Work:
Contract amount: $ Date completed:
Amount of work done by my /our firm under contract $
Did your firm have any financial interest in Project?
5. Project Title:
Location:
Name and address of owner
Name and telephone number of person familiar with project
Type of Work:
Contract amount: $ Date completed:
Amount of work done by my /our firm under contract
Did your firm have any financial interest in Project?
The following are the names, addresses, and telephone numbers for all brokers and sureties
from whom BIDDER intends to procure insurance bonds:
1 -C -10
' ..0
MAINTENANCE, REPAIR and ON -CALL SERVICES AGREEMENT
BETWEEN
THE CITY OF EL SEGUNDO AND
(Awarded per Public Contract Code §§ 20160, et seq.)
THIS MAINTENANCE, REPAIR and ON—CALL SERVICES AGREEMENT
( "Agreement ") is made and entered into this day of , 20 , by and
between the CITY OF EL SEGUNDO, a general law city and municipal corporation
( "CITY ") and , a ( "CONTRACTOR ").
The Parties agree as follows:
1. CONSIDERATION.
A, As partial consideration, CONTRACTOR agrees to perform the work listed
in the SCOPE OF SERVICES, below;
B. As additional consideration, CONTRACTOR and CITY agree to abide by
the terms and conditions contained in this Agreement;
C, As additional consideration, CITY agrees to pay CONTRACTOR for
CONTRACTOR's services not to exceed a total of $ for the
work. CITY will pay for work on the basis of the hourly rates and cost
reimbursement rates as specified in the attached Exhibit "A," which is
incorporated by reference.
2. TERM. The term of this Agreement will be from , 20 , to , 20_. The
Agreement may be renewed upon mutual consent of the parties by amending this
Agreement.
3. SCOPE OF SERVICES.
A. This Agreement may be used for "maintenance services" which include
the following:
Routine, recurring, and usual work for the preservation or protection
of any publicly owned or publicly operated facility for its intended
purposes.
ii. Minor repainting.
iii. Resurfacing of streets and highways at less than one inch.
1 -D -1
' f�
iv. Landscape maintenance.
V. Work performed to keep, operate, and maintain publicly owned
water, power, or waste disposal systems and electrical
transmission lines of 230,000 volts and higher.
vi, Carpentry, electrical, plumbing, glazing, and other craftwork;
B. This agreement may be used for "repair and on -call services ", which
include construction, reconstruction, erection, alteration, renovation,
improvement, demolition, and repair work involving any publicly owned,
leased or operated facility
C. CONTRACTOR will perform the maintenance, repair and on -call services
listed in the attached Exhibit "B," which is incorporated by reference. The
provisions contained in this Agreement supersede any conflicting
provisions in Exhibit B.
D. Maintenance, repair and on -call services required by CITY will be provided
on an as- needed basis with CITY determining and advising
CONTRACTOR as to when specific services are required to be performed
or completed by CONTRACTOR. Requests must be memorialized using a
notice to proceed that may be in the form of a purchase order. The
provisions contained in this Agreement supersede any conflicting
provisions in a purchase order issued for maintenance services.
E. CONTRACTOR will, in a workmanlike manner, furnish all of the labor,
technical, administrative, professional and other personnel, all supplies
and materials, equipment, printing, vehicles, transportation, office space
and facilities, and all tests, testing and analyses, calculation, and all other
means whatsoever, except as herein otherwise expressly specified to be
furnished by CITY, necessary or proper to perform and complete the work
and provide the professional services required of CONTRACTOR by this
Agreement.
4. PREVAILING WAGES.
A. Pursuant to Labor Code § 1720, and as specified in 8 California Code of
Regulations § 16000, CONTRACTOR must pay its workers prevailing
wages. It is CONTRACTOR's responsibility to interpret and implement any
prevailing wage requirements and CONTRACTOR agrees to pay any
penalty or civil damages resulting from a violation of the prevailing wage
laws.
B. In accordance with Labor Code § 1773.2, copies of the prevailing rate of
per diem wages are available upon request from CITY's Engineering
Division or the website for State of California Prevailing wage
1 -D -2
4 4 1 .,
determination at http: / /www.dir.ca.gov /DLSR/PWD. CONTRACTOR must
post a copy of the prevailing rate of per diem wages at the job site.
C. CITY directs CONTRACTOR's attention to Labor Code §§ 1777.5, 1777.6
and 3098 concerning the employment of apprentices by CONTRACTOR
or any subcontractor.
D, Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing
tradesmen in any apprenticeship occupation to apply to the joint
apprenticeship committee nearest the site of the public works project and
which administers the apprenticeship program in that trade for a certificate
of approval. The certificate must also fix the ratio of apprentices to
journeymen that will be used in the performance of the contract. The ratio
of apprentices to journeymen in such cases will not be less than one to
five except:
When employment in the area of coverage by the joint appren-
ticeship committee has exceeded an average of 15 percent in the
90 days before the request for certificate, or
When the number of apprentices in training in the area exceeds a
ratio of one to five, or
iii. When the trade can show that it is replacing at least 1/30 of its
membership through apprenticeship training on an annual basis
state -wide or locally, or
iv. When CONTRACTOR provides evidence that CONTRACTOR
employs registered apprentices on all of his contracts on an annual
average of not less than one apprentice to eight journeymen.
V. CONTRACTOR is required to make contributions to funds estab-
lished for the administration of apprenticeship programs if
CONTRACTOR employs registered apprentices or journeymen in
any apprenticeable trade on such contracts and if other contractors
on the public works site are making such contributions.
vi. CONTRACTOR and any subcontractor must comply with Labor
Code §§ 1777.5 and 1777.6 in the employment of apprentices.
vii. Information relative to apprenticeship standards, wage schedules
and other requirements may be obtained from the Director of
Industrial Relations, ex- officio the Administrator of Apprenticeship,
San Francisco, California, or from the Division of Apprenticeship
Standards and its branch offices.
E. CONTRACTOR and its subcontractors must keep an accurate certified
1 -D -3
44 13
payroll records showing the name, occupation, and the actual per diem
wages paid to each worker employed in connection with this Agreement.
The record will be kept open at all reasonable hours to the inspection of
the body awarding the contract and to the Division of Labor Law
Enforcement. If requested by CITY, CONTRACTOR must provide copies
of the records at its cost.
5. PAYMENTS.
A. For CITY to pay CONTRACTOR as specified by this Agreement,
CONTRACTOR must submit a detailed invoice to CITY.
B. CITY's city manager may make payments up to twenty thousand dollars
($20,0000.00) for special items of work not included in the project scope of
work and services. Payments for special work will only be made after
CITY issues a written notice to proceed for the specific special tasks. A
written scope of work, an agreed upon additional fee, a schedule for
starting and completing the special tasks, and an agreed upon extension
of the time for performance, if needed to complete the special work, will be
required before CITY issues a notice to proceed for special work. All
special work will be subject to all other terms and provisions of this
Agreement.
6. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONTRACTOR represents that
CONTRACTOR has
Thoroughly investigated and considered the scope of services to be
performed;
ii. Carefully considered how the services should be performed; and
iii, Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement.
B. If services involve work upon any site, CONTRACTOR warrants that
CONTRACTOR has or will investigate the site and is or will be fully
acquainted with the conditions there existing, before commencing the
services hereunder. Should CONTRACTOR discover any latent or
unknown conditions that may materially affect the performance of the
services, CONTRACTOR will immediately inform CITY of such fact and
will not proceed except at CONTRACTOR's own risk until written
instructions are received from CITY.
7. INSURANCE.
1 -D -4
� p
A, Before commencing performance under this Agreement, and at all other
times this Agreement is effective, CONTRACTOR will procure and
maintain the following types of insurance with coverage limits complying,
at a minimum, with the limits set forth below:
Type of Insurance
Commercial general liability:
Business automobile liability
Workers compensation
Limits (combined single)
$2 Million
$1 Million
Statutory requirement
B. Commercial general liability insurance will meet or exceed the
requirements of ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of
insurance set forth above will be a combined single limit per occurrence
for bodily injury, personal injury, and property damage for the policy
coverage. Liability policies will be endorsed to name City, its officials, and
employees as "additional insureds" under said insurance coverage and to
state that such insurance will be deemed "primary" such that any other
insurance that may be carried by City will be excess thereto. Such
insurance will be on an "occurrence," not a "claims made," basis and will
not be cancelable or subject to reduction except upon thirty (30) days prior
written notice to City.
C. Automobile coverage will be written on ISO Business Auto Coverage Form
CA 00 01 06 92, including symbol 1 (Any Auto).
D, CONTRACTOR will furnish to City duly authenticated Certificates of
Insurance evidencing maintenance of the insurance required under this
Agreement, endorsements as required herein, and such other evidence of
insurance or copies of policies as may be reasonably required by City
from time to time. Insurance must be placed with insurers with a current
A.M. Best Company Rating equivalent to at least a Rating of "A:VII."
Certificate(s) must reflect that the insurer will provide thirty (30) day notice
of any cancellation of coverage. CONTRACTOR will require its insurer to
modify such certificates to delete any exculpatory wording stating that
failure of the insurer to mail written notice of cancellation imposes no
obligation, and to delete the word "endeavor" with regard to any notice
provisions.
E. Should CONTRACTOR, for any reason, fail to obtain and maintain the
insurance required by this Agreement, City may obtain such coverage at
CONTRACTOR's expense and deduct the cost of such insurance from
payments due to CONTRACTOR under this Agreement or terminate.
8. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this
Agreement until:
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A. CONTRACTOR furnishes proof of insurance as required under Section 7
of this Agreement; and
B. CITY gives CONTRACTOR a written notice to proceed.
C. Should CONTRACTOR begin work in advance of receiving written
authorization to proceed, any such professional services are at
CONTRACTOR's own risk.
9.. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any
time with or without cause. Notice of termination will be in writing.
B, CONTRACTOR may terminate this Agreement upon providing written
notice to CITY at least thirty (30) days before the effective termination
date.
C. Should the Agreement be terminated pursuant to this Section, CITY may
procure on its own terms services similar to those terminated.
D. By executing this document, CONTRACTOR waives any and all claims for
damages that might otherwise arise from CITY's termination under this
Section.
10. INDEMNIFICATION.
A. CONTRACTOR indemnifies and holds CITY harmless from and
against any claim, action, damages, costs (including, without
limitation, attorney's fees), injuries, or liability, arising out of this
Agreement, or its performance. Should CITY be named in any suit, or
should any claim be brought against it by suit or otherwise, whether
the same be groundless or not, arising out of this Agreement, or its
performance, CONTRACTOR will defend CITY (at CITY's request and
with counsel satisfactory to CITY) and will indemnify CITY for any
judgment rendered against it or any sums paid out in settlement or
otherwise.
B. For purposes of this section "CITY" includes CITY's officers, officials,
employees, agents, representatives, and certified volunteers.
C. It is expressly understood and agreed that the foregoing provisions will
survive termination of this Agreement.
11. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that
CONTRACTOR will act as an independent contractor and will have control of all work
and the manner in which is it performed. CONTRACTOR will be free to contract for
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similar service to be performed for other employers while under contract with CITY.
CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in
any pension plan, insurance, bonus or similar benefits CITY provides for its employees.
Any provision in this Agreement that may appear to give CITY the right to direct
CONTRACTOR as to the details of doing the work or to exercise a measure of control
over the work means that CONTRACTOR will follow the direction of the CITY as to end
results of the work only.
12. NOTICES.
A. All notices given or required to be given pursuant to this Agreement will be
in writing and may be given by personal delivery or by mail. Such noticing
does not include day -to -day communications between CITY's and
CONTRACTOR's project managers. Notice sent by mail will be addressed
as follows:
To CITY: Stephanie Katsouleas, P.E.
Department of Public Works
City of El Segundo
350 Main Street
El Segundo, CA 90245
To CONTRACTOR:
B. When addressed in accordance with this paragraph, notices will be
deemed given upon deposit in the United States mail, postage prepaid. In
all other instances, notices will be deemed given at the time of actual
delivery.
C. Changes may be made in the names or addresses of persons to whom
notices are to be given by giving notice in the manner prescribed in this
paragraph.
13. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a
Taxpayer Identification Number.
14. WAIVER. A waiver by CITY of any breach of any term, covenant, or condition
contained in this Agreement will not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant, or condition contained in this
Agreement, whether of the same or different character.
15. CONSTRUCTION. The language of each part of this Agreement will be construed
simply and according to its fair meaning, and this Agreement will never be construed
either for or against either party.
16. SEVERABLE. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to
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the extent necessary in the opinion of the court to render such portion enforceable and,
as so modified, such portion and the balance of this Agreement will continue in full force
and effect.
17. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience
of reference only and will not affect the interpretation of this Agreement.
18. WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute
a waiver of any other provision, nor will such waiver constitute a continuing waiver.
19. INTERPRETATION. This Agreement was drafted in, and will be construed in
accordance with the laws of the State of California, and exclusive venue for any action
involving this agreement will be in Los Angeles County.
20.AUTHORITY /MODIFICATION. This Agreement may be subject to and conditioned
upon approval and ratification by the El Segundo City Council. This Agreement is not
binding upon CITY until executed by the City Manager. The Parties represent and
warrant that all necessary action has been taken by the Parties to authorize the
undersigned to execute this Agreement and to engage in the actions described herein.
This Agreement may be modified by written agreement. CITY's city manager may
execute any such amendment on behalf of CITY.
21.ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this
Agreement, agreements ancillary to this Agreement, and related documents to be
entered into in connection with this Agreement will be considered signed when the
signature of a party is delivered by facsimile transmission. Such facsimile signature will
be treated in all respects as having the same effect as an original signature.
22. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity
between any provision of this Agreement, its attachments, the purchase order, or notice
to proceed, the provisions of this Agreement will govern and control.
23. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience
of reference only and will not affect the interpretation of this Agreement.
24. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire,
flood, explosion, war, terrorist act, embargo, government action, civil or military
authority, the natural elements, or other similar causes beyond the Parties' control, then
the Agreement will immediately terminate without obligation of either party to the other.
25. ENTIRE AGREEMENT. This Agreement and its one attachment constitutes the sole
agreement between CONTRACTOR and CITY respecting Elevator Maintenance,
Repair and On -call Services. To the extent that there are additional terms and
conditions contained in Exhibit "B" that are not in conflict with this Agreement, those
terms are incorporated as if fully set forth above. There are no other understandings,
terms or other agreements expressed or implied, oral or written.
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IN WITNESS WHEREOF the parties hereto have executed this contract the day
and year first hereinabove written.
CITY OF EL SEGUNDO
Greg Carpenter,
City Manager
ATTEST:
Tracy Weaver,
City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
m
Karl H. Berger, Assistant City Attorney
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Taxpayer ID No.
FAITHFUL PERFORMANCE BOND
Bond No.
Bond Fee:
( "PRINCIPAL ")and ,
a corporation incorporated under the laws of the State of and licensed by
the State of California to execute bonds and undertakings as sole surety, as surety ( "SURETY "),
are held and firmly bound unto the CITY OF EL SEGUNDO ( "CITY ") in the sum of
20,0001 dollars, lawful money of the United States, which may be increased or decreased by
a rider hereto executed in the same manner as this bond, for the payment of which sum
PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally,
by this instrument.
PRINCIPAL or SURETY will apply this bond for the faithful performance of any and all of the
conditions and stipulations set forth in this bond, PW NO. 13 -3 and the public works contract
executed with such Specifications. In the case of any default in the performance of the
conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will
apply the bond or any portion thereof, to the satisfaction of any damages, reclamation,
assessments, penalties, or deficiencies arising by reason of such default.
BOND CONDITIONS
1. PRINCIPAL will construct the public improvements identified in PW NO. 13-3,-a
copy of which is on file with CITY's Engineering Division ( "Public Project "). Such performance
will be in accordance with CITY's plans and profiles, which are made a part of this bond when
said plans and profiles are approved by the City Council and filed with CITY's Engineering
Division. CITY has estimated the required amount of the bond as shown above.
2. PRINCIPAL's work on the Public Project will be done in accordance with
CITY's plans and specifications and with any permit issued by CITY. Should PRINCIPAL fail to
complete all required work within the time allowed, CITY may, at its sole discretion, cause all
required work to be done and the parties executing the bond will be firmly bound for the
payment of all necessary costs therefor.
3. PRINCIPAL will guarantee its work against any defective work, labor, or
materials on the Public Project for a period of one (1) year following the Public Project's
completion and acceptance by CITY.
4. This bond is conditioned upon and guarantees due compliance with all applicable
law including, without limitation, the El Segundo Municipal Code ( "ESMC ").
5. SURETY, for value received, agrees that no changes, extensions of time,
alteration or modification of PW NO. 13 -3 or of the obligation to be performed will in any way
affect its obligation on this bond, and it waives notice of any such change, extension of time,
alteration or modification of the contract documents or of the obligation to be performed.
6. This bond consists of this instrument; the plans and specifications identified
above; and the following two (2) attached exhibits all of which are incorporated herein by
reference:
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A. A certified copy of the appointment, power of attorney, bylaws or
other instrument entitling or authorizing the persons executing this
bond to do so;
B. A certificate issued by the county clerk for the county in which
SURETY's representative is located conforming with California
Code of Civil Procedure § 995.640 and stating that SURETY's
certificate of authority has not been surrendered, revoked,
cancelled, annulled, or suspended, or in the event that it has, that
renewed authority has been granted; and
7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's
obligation will be void upon the acceptance of the performance by CITY; otherwise this
obligation will remain in full force and effect.
SIGNED AND SEALED this
PRINCIPAL's PRESIDENT
PRINCIPAL's SECRETARY
PRINCIPAL's MAILING ADDRESS:
day of 20.
SURETY's PRESIDENT
SURETY's SECRETARY
SURETY's MAILING ADDRESS:
NOTE: ALL signatures must be acknowledged by a notary public. Return two (2)
originals to City Clerk's Office.
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LABOR AND MATERIALS BOND
Bond No.
Bond Fee:
as principal ( "PRINCIPAL ") and , a
corporation incorporated under the laws of the State of and licensed by the
State of California to execute bonds and undertakings as sole surety, as surety ( "SURETY "), are
held and firmly bound unto the CITY OF EL SEGUNDO ( "CITY ") in the sum of
($ ) dollars, lawful money of the United States, which may be increased or
decreased by a rider hereto executed in the same manner as this bond, for the payment of
which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly
and severally, by this instrument.
This bond is conditioned upon and guarantees payment by PRINCIPAL to contractors,
subcontractors, and persons renting equipment; payment by PRINCIPAL and all PRINCIPAL'S
subcontractors for all materials, provisions, provender, or other supplies, and equipment used
in, upon, for or about the performance of the work contemplated in
PW NO. 13 -3 ( "Public Project "), the public works contract executed for such Public Project, and
for all work or labor of any kind performed for the Public Project. In the case of any default in
the performance of the conditions and stipulations of this undertaking, it is agreed that
PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any
damages, reclamation, assessments, penalties, or deficiencies arising by reason of such
default.
BOND CONDITIONS
1. PRINCIPAL will construct the public improvements identified in PW NO. 13 -3 and
the public works contract executed for such Specifications, copies of which is on file with CITY's
Engineering Division ( "Public Project "). Such performance will be in accordance with CITY's
plans and profiles, which are made a part of this bond when said plans and profiles are
approved by the City Council and filed with CITY's Engineering Division.
2. PRINCIPAL will pay all contractors, subcontractors, and persons renting
equipment.
3. PRINCIPAL will pay for all materials and other supplies, for equipment used in,
on, for or about the performance of the Public Project, and will pay for all work and labor
thereon.
4. This bond is conditioned upon and guarantees due compliance with all applicable
law including, without limitation, the El Segundo Municipal Code ( "ESMC ").
5. SURETY, for value received, agrees that no changes, extensions of time,
alteration or modification of PW NO. 13 -3, or of the obligation to be performed will in any way
affect its obligation on this bond, and it waives notice of any such change, extension of time,
alteration or modification of the contract documents or of the obligation to be performed.
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6. This bond consists of this instrument; the plans and specifications identified
above; and the following TWO (2) attached exhibits all of which are incorporated herein by
reference:
A. A certified copy of the appointment, power of attorney, bylaws or other
instrument entitling or authorizing the persons executing this bond to do so;
and
B. A certificate issued by the county clerk for the county in which SURETY's
representative is located conforming with California Code of Civil Procedure §
995.640 and stating that SURETY'S certificate of authority has not been
surrendered, revoked, cancelled, annulled, or suspended, or in the event that
it has, that renewed authority has been granted.
7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's
obligation will be void upon the acceptance of the performance by CITY; otherwise this
obligation will remain in full force and effect.
SIIGNED AND SEALED this day of
PRINCIPAL's PRESIDENT
PRINCIPAL's SECRETARY
PRINCIPAL's MAILING ADDRESS:
20
SURETY's PRESIDENT
SURETY's SECRETARY
SURETY's MAILING ADDRESS:
NOTE: ALL signatures must be acknowledged by a notary public. Return two (2)
originals to City Clerk's Office.
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GENERAL REQUIREMENTS
SCOPE AND LOCATION OF WORK
The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals
as required by the Plans, Specifications, and contract documents. The general items of work
include the following:
MAINTENANCE, REPAIR AND ON -CALL SERVICES FOR FIVE (5)
ELEVATORS AND ONE DUMBWAITER. PW NO. 13 -3
TIME FOR COMPLETION
CONTRACTOR will commence work on date specified in the Notice to Proceed to be issued to
said CONTRACTOR by the Public Works Department of CITY and will complete work on the
PROJECT IN ACCORDANCE WITH THE SCHEDULED PROVIDED IN THE TECHNICAL
SPECIFICATIONS after the date of commencement.
REGISTRATION OF CONTRACTORS
No bid will be accepted from a CONTRACTOR who has not been licensed in accordance with
the provisions of the laws of the State of California relating to licensing of contractors, for the
type of work to be performed under this Contract.
CITY BUSINESS LICENSE
CONTRACTOR and SUB - CONTRACTORS will obtain a City Business License before
execution of the construction contract.
FURNISHING OF WATER
Water necessary for the prosecution of the work as herein specified will be furnished by the City
in the following manner:
The CONTRACTOR will deposit with the City Water/Wastewater Division the sum of Three
Hundred Dollars ($ 300.00) to insure against damage to a 2'/2' Fire Hydrant water meter which
will be furnished and installed by the City at a point convenient to the site of the work. This
deposit will be refunded to the CONTRACTOR upon completion of the Project if, after removal
and inspection of said meter by the City, it is found to be in satisfactory condition. In event of
damage to this meter while under the jurisdiction of the CONTRACTOR, all or any part of said
deposit may be retained by the City.
CALIFORNIA - OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION
All work performed under this contract will be done in strict compliance with the Cal -OSHA
Rules and Regulations, latest edition.
SOUND CONTROL
The CONTRACTOR will comply with all local sound control and noise level rules, regulations
and ordinances that apply to any work performed pursuant to the contract.
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Each internal combustion engine, used for any purpose on the Project or related to the Project,
will be equipped with a muffler of a type recommended by the manufacturer. No internal
combustion engine will be operated on the Project without said muffler.
The use of loud signals will be avoided in favor of light warnings except those required by safety
laws for the protection of personnel.
AIR POLLUTION CONTROL
The CONTRACTOR is put on notice that he must abide by all existing rules and regulations of
the SCAQMD (South Coast Air Quality Management District), relating to all operations or
equipment which discharge visible emissions or solid or liquid particles to the atmosphere.
WORKER UNIFORMS
All workers under the employment of the CONTRACTOR or his /her SUBCONTRACTOR will
wear an orange vest or an orange shirt while working in the public right -of -way.
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NOTIFICATIONS
The CONTRACTOR will notify all agencies listed here in a minimum of forty -eight (48) hours
before start of operation. The following list of names and telephone numbers are intended for
the convenience of the CONTRACTOR and the City does not guarantee either the
completeness or correctness of this list.
OPERATION OFFICE TELEPHONE
Public Works/ General Services Division:
Start of work, shutdown of work
or resumption of work after
Shutdown
Closing of streets
Martin Whitehead, Building Supervisor 310 - 524 -2356
Ron Fajardo, General Services Manager 310 - 524 -2709
El Segundo Police Department ** 310 - 524 -2200
El Segundo Fire Department ** 310 - 524 -2236
Street striping Street Maintenance Division 310 - 524 -2709
** The CONTRACTOR will notify the General Services Division before notifying these offices.
The following information is provided for CONTRACTOR'S use to notify agencies if their
facilities are affected by CONTRACTOR'S work:
1. Underground Service Alert (all excavation in public right -of -way) -
2. City of El Segundo - Water/Wastewater Division
3. City of El Segundo - Recreation and Parks
4. Southern California Gas Company
5. Southern California Edison Company (SCE)
6. Pacific Bell
7. Time Warner Communication (Cable)
8. Los Angeles County Sanitation District
9. El Segundo Unified School District
800 - 422 -4133
310- 524 -2742
310- 524 -2707
310 - 671 -9002
310- 417 -3366
310- 515 -4430
310- 768 -0400
Extension 414
310- 699 -7411
310 - 322 -4500
EMERGENCY INFORMATION
The names, addresses and telephone numbers of the CONTRACTOR and subcontractors, or
their representatives, will be filed with the City Engineer and the City Police Department
BEFORE PERFORMING WORK.
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TECHNICAL SPECIFICATIONS
The City of El Segundo is seeking bids for preventive maintenance service, repairs, emergency
service and on -call service for five (5) passenger elevators and one dumb waiter, located at the
Police Department, Library, Recreation Park and City Hall. The City anticipates entering a 5-
year agreement, which will commence no later than April 1, 2013.
PROJECT LOCATION:
The project consists of maintenance service for five (5) elevators and one dumb waiter in the
City of El Segundo, which include.
a. 350 Main Street (City Hall):
2 -stop hydraulic passenger elevator, 2100 Ibs capacity; 95 ft per minute,
b. 348 Main Street (Police Dept.):
2 -stop hydraulic passenger elevator, 2000 Ibs capacity; 125 ft per minute.
c. 339 Sheldon St. (Recreation Park):
2 -stop hydraulic passenger elevator; 3500 Ibs capacity; 100 ft per minute.
d. 261 E. Mariposa Ave. (Fire Station 2):
2 -stop hydraulic passenger elevator; 2000 Ibs capacity; 100 ft per minute.
e. 111 W. Mariposa (Library):
i. 2 -stop hydraulic passenger elevator; 2500 Ibs capacity; 125 ft per minute.
ii. 2 -stop dumb waiter; 350 Ibs capacity; 25 ft per minute
SCOPE OF SERVICES
It is the intent of these specifications to provide for the inclusion of all labor, materials,
equipment, protective measures, tools, transportation means and supervision necessary for the
inspection, maintenance, repair and emergency servicing of five (5) City -owned elevators and
one dumb waiter identified above. Service must be conducted during normal business hours
unless emergency repairs are necessary. Normal business hours include Monday through
Thursday, 7:00 a.m. to 6 :00 p.m., excluding all major holidays.
I. SCOPE OF WORK
Contractor must supply all labor, material, equipment and supervision to provide monthly
service for the previously identified five (5) elevators and one (1) dumb waiter within the
City of El Segundo. Monthly service includes, at a minimum, systematic examination,
maintenance, adjustment and lubrication of the equipment described below. During the
inspections, if the contractor finds any component that requires preventive maintenance,
adjustment, replacement or repair due to normal wear and tear, the contractor will, if
possible, perform those requirements immediately. System performance examinations
must be conducted to ensure dispatching and motion control systems are operating
properly. Contractor must calibrate load weighing devices after annual and live year
safety tests. Contractor must furnish lubricants compounded to the manufacturer's rigid
specifications. All work must be in accordance with original equipment manufacturers
(OEM) requirements and procedures.
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Important Note: Contractor must obtain written authorization from the Building
Maintenance Supervisor for all unanticipated repairs and parts needed before
commencing any work. All work must be in accordance with original equipment
manufacturers (OEM) requirements and procedures.
The Contractor must perform Municipal and State Inspections, make corrections,
complete on -site certificates and submit Test Reports and compliance letters to the City
and to the State of California before required deadlines. This includes but is not limited
to hydraulic pressure relief tests, "no load" testing and code required periodic Fire Recall
testing, all performed according to California Code of Regulations, Title 8, Division 1,
Chapter 4, Subsection 6 (Elevator Safety Orders).
The Contractor must perform other safety tests (fire service, derailment devices, seismic
switches) recommended or directed by governmental authorities in force at the signing
of this contract. The City and Contractor must schedule these tests at a mutually
agreeable time. Contractor will provide the City with a written report of the results of the
tests. Any malfunctions, corrections, repairs or adjustments made will be included.
Equipment Covered
Contractor must maintain all Equipment in good operating condition in accordance with
manufacturer's specifications and, should conditions warrant, repair or replace the
Equipment, including without limitation, the following:
A. General Equipment:
1. Microprocesser Control System: All control system components including
all relays, capacitors, timers, resistors, rectifiers and transformers,
condensers, contacts, leads, dash pots, timing devices, computer and
micro computer devices, steel selector cable or tape and mechanical and
electrical driving equipment.
2. Power Units: All pumps, motors, motor generators, valves and all related
parts and accessories, including worn gears, thrust bearings, drive
sheave, drive sheave shaft bearings, brake pulley and brake coil, brake
contact, linings and component parts.
3. Hydraulic Accessories: Complete pumping plant, all exposed piping,
valves, piston, packing, tank, heaters, mufflers, fittings and accessories
between the pumping unit and the Jack, Jack packing, hydraulic fluid, and
any heating or cooling elements installed by the original elevator
equipment manufacturer for controlling fluid temperature.
4. Car Equipment: All elevator control system components on the Car.
5. Wiring: All elevator wiring and all power wiring from the elevator
equipment input terminals to the Motor.
6. Hoist and Pit Equipment: All elevator equipment and buffers, including
switches, cams and sheaves.
7. Rails and Guides: All car and counterweight guide rails, car and
counterweight buffers, top and bottom limit switches, governor tension
sheave assembly, compensating sheave assembly, compensating chain,
counterweight and counterweight guide shoes including rollers or gibs.
8. Door Equipment: All Automatic door operators, hoist ways and car door
hangers, hoist ways and car door contacts, doors.
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B. Traction Elevator Equipment:
1. Machine, drive sheave, drive sheave shaft bearings, brake pulley, brake
coil, brake contact, linings and component parts, gears, worms, thrusts.
2. Motor and motor generator, motor and generator windings, rotating
element, commutator, brushes, brush holders and bearings.
3. Controller, selector and dispatching equipment, all relays, solid state
components, resistors, condensers, transformers, contacts, leads,
dashpots, timing devices, computer devices, steel selector tape or cable
and mechanical and electrical driving equipment.
4. Governor, governor sheave and shaft assembly, bearings, contacts and
governor jaws.
5. Deflector, car and counterweight sheaves, bearings, car and
counterweight buffers, car and counterweight guide rails and brackets,
top and bottom limit switches, governor tension sheave assembly,
compensating sheave assembly, counterweight and counterweight guide
shoes including rollers and gibs. Contractor not responsible for alignment
when affected by building compression or shifting hoistway enclosures.
6. Hoistway door interlocks, hoistway door hangers, bottom door guides and
auxiliary door closing devices. Automatic power operated door operator,
car door hanger, car door contact, door protective devices, load- weighing
equipment, car frame, safety mechanisms, platform, platform sub -
flooring, elevator car guide shoes, gibs or rollers, signal and operating
fixtures including lights, buzzers and gongs in all signal and operating
fixtures.
7. Seismic triggers and /or derailment devices; collision switches.
8. Fire related elevator controls.
9. Renew all wire ropes as often as is necessary to maintain an adequate
factor of safety, equalize the tension on all hoisting ropes, repair or
replace conductor cables and hoistway and machine room elevator
wiring.
10. Shorten and reshackle hoist cables if stretching of ropes makes this
necessary.
11. The Contractor must check the condition and operation of detectors,
safety edges and of light rays on car at every visit and, if they are
inoperative, must repair them within one business day. If, in the
Contractor's opinion, the door protection devices are not maintainable, he
must replace them at no cost to the City.
12. Make corrections and respond to discrepancies identified by the local
elevator enforcing authorities.
C. Hydraulic Elevator Equipment:
1, Complete pumping plant, valves, exposed piping, fittings, piston (unless
damaged by cylinder failure), packing, tank, heaters and mufflers.
2. If flexible hose and fitting assemblies are used, they must be changed as
required by ASME A17.1 Safety Code for Elevators and Escalators or
sooner if necessary.
3. Materials and services covered by traction elevators as applicable.
4, Furnish all oil, lubricants, packing and other materials required.
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D. Lift Equipment:
Materials and services covered by Traction Elevators or Hydraulic Elevators as
applicable.
Replacement parts are not provided by the City. Such parts will be provided by the
Contractor and invoiced to the City based on the rate(s) as identified on the itemized
task schedule of On -Call Services as described below.
Performance
A. General: The Contractor must maintain the original contract speed in feet per
minute and the performances for elevators as indicated under "Basic
Performance Requirements."
1. If the actual performance time of the elevator does not meet the times
established for elevators of that speed and type of control, the Contractor
must restore the performance of the elevator to its optimum potential.
2. If, in the Contractor's opinion, the equipment is inherently designed so
that it cannot meet these criteria, the Contractor must so state.
3. If there are no exceptions taken, performance must be provided as
specified herein.
B. Basic Performance Requirements: Electric elevators must be adjusted to meet
the following basic performance standards and must maintain these standards
for the life of the Agreement.
1, Operating Characteristics:
a. Starting, acceleration, stopping and leveling must be smooth and
free from jars or bumps.
b. Full speed riding must be without swaying or vibration.
C. Elevator and door operation must be quiet.
d. Door pressure must be maintained below 30 pounds in closing.
2. Group Supervisory Systems: Keep group control systems operating at
design criteria for the lifetime of the maintenance Agreement.
3. Individual Elevator Performances: Maintain performance requirements as
follows, or per manufacturers' requirements.
a. Maintain accuracy leveling of +/- 3/8" for Traction Elevators and
'/2" for Hydraulic Elevators under all loading conditions.
Special Tests
A. Elevators provided with fire service, derailment devices, seismic switches or other
special operations must be checked once every month to make certain that these
devices are operating correctly and as designed. The City representative and the
Contractor must arrange for mutually acceptable dates to perform the tests. The
standby power operation will be tested by City and, if elevator system fails, Elevator
Contractor must make corrections and retest.
B. The Contractor must examine periodically the car safety devices and governors and
conduct an annual no load test and must, during the term of this Agreement, or more
often if required by applicable law, ordinance or regulation but no less than every five
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years, perform one full load, full speed test of the safety mechanism, over -speed
governors, car and counterweight buffers. The car balance must be checked
electrically and the governor set. If required, the governor must be re- calibrated and
sealed for proper tripping speed. These tests must be witnessed by the City
representative and a written report must be furnished indicating the results of such
test. All testing must conform with the requirements of ASME A17.1 -17.2 California
Code of Regulations, Title 8, Division 1, Chapter 4, Subsection 6 (Elevator Safety
Orders) and /or local code testing requirements.
C. Hydraulic elevators must have a load test performed per ASME A17.2.2, during the
term of this Agreement or more often if required by applicable law, ordinance or
regulation but no less than every five years. It must comply with the California Code
of Regulations, Title 8, Division 1, Chapter 4, Subsection 6 (Elevator Safety Orders),
Article 9, 30710). The report must conform to the requirements of the State with the
test witnessed by City representative.
D. Contractor must create a form for each car describing tests and deliver a signed
copy to City representative after a successful test has been concluded. This form
will also describe any malfunctions along with any corrective action taken.
Housekeeping
A. Within the first three (3) months this Agreement is in effect, the Contractor must
thoroughly clean all elevator hoistways, pits, car tops, controller interiors including
filters and machine rooms. In addition, during the same period of time, all car and
hoistway door tracks, hangers, interlocks and closers must be cleaned, lubricated
and adjusted. Continuing cleaning must be on -going and at the following minimum
intervals or sooner where conditions warrant.
1. Quarterly: Car tops, pits and machine rooms
2. Semi - Annually: Hoistways and door equipment
B. The exterior of the machinery and any other parts of the equipment subject to rust
must be properly painted and presentable at all times. The motor windings and
controller coils are to be periodically treated with proper insulating compound. The
Contractor must keep the elevator machinery rooms clean.
C. All debris such as wiping rags, empty oil cans, trash from pits, etc., resulting from this
work must be promptly removed by the Contractor.
Schedules and Records
A. Contractor must provide a work schedule for each machine room.
B. These work schedules must be designed for each type of equipment to be serviced,
such as geared elevators, hydraulic elevators, etc., and must conform to the
manufacturer's recommended practice for the particular equipment concerned. They
must show the kind and frequency of service and lubrication proposed by the
Contractor for the duration of the Agreement.
C. All inspections, lubrication, adjustments, tests, cleaning, routine repairing and other
preventative maintenance activities must be performed in accordance with schedules
submitted by the Contractor.
I -I -S
4
I
D. Schedules posted must be of the chart type which must be initialed by the
serviceman when each scheduled inspection is performed.
E. Contractor must also maintain an accurate and complete log of all work performed in
addition to routine service at each location. These logs must include call back
service describing the nature of all complaints and their resolution. The logs must be
kept in the equipment rooms at each location. In addition to the specified machine
room log, Contractor's workmen or supervisor must log in and out of each
facility /building on each and every visit. This includes, but is not limited to, routine
maintenance, trouble calls, repairs and supervisor's visits. These logs will remain
the property of the City.
F. The Contractor, on a monthly basis, must deliver to the City representative a copy of
the callback and repair log.
G. All forms required for the above schedules, monthly work sheets, call back records
and performance reports must be approved by the representative.
Personnel
A. Contractor agrees that all services must be performed by trained maintenance and
repair personnel, directly employed and supervised by the Contractor. All work must
be performed by a journeyman level mechanic as a minimum. Helpers may not work
alone but may assist the mechanic as needed. In the event that the City becomes
dissatisfied with the performance of any persons assigned to perform the services
under this Agreement, Contractor agrees, upon request from the City representative,
to assign other qualified personnel to perform these services.
B. Contractor's service personnel must wear uniforms which bear Contractor's name or
other appropriate symbol which identifies them as employees of the Contractor and
such uniforms must be clean and in good condition.
Performance Guarantee
A. If an elevator is out of service for longer than two (2) consecutive work days for a
non scheduled repair, the monthly maintenance cost of that unit will be credited to
the next monthly billing. All repairs must be pre - scheduled in writing.
B. If during 30 consecutive days, the City representative experiences three (3) call
backs on the same unit for the same problem, the monthly maintenance cost of
that unit will be credited to the next monthly billing.
C. No monthly maintenance costs will be credited under A or B if damage is caused
by vandalism or any other cause except normal wear and tear.
II. EMERGENCY SERVICE (All elevators and dumb waiter)
Contractor must be able to provide emergency support in the event of an equipment
malfunction at any of the above mentioned elevator locations.
a. Up to a maximum of four (4) hours response for emergency service.
b. The services of a qualified /trained service person to troubleshoot and /or repair
elevator equipment.
lO
Contractor must respond within four (4) hours, from the time of notification by the City,
for any elevator critical component. Emergency service will be on a time and materials
basis in accordance with contractor provided schedule of rates which is to be submitted
as part of the bid. See On -Call Services, below.
A. In the event an elevator is shut down with trapped passengers, Contractor must
guarantee 60 minutes response time during 7:00 A.M. to 6:00 P.M., Monday -
Friday, and 2 hour response time from 5:00 P.M. to 8:00 A.M. daily and on
holidays.
B. In the event an elevator is shut down without trapped passengers, Contractor must
guarantee four (4) hours response time during 7:00 A.M. to 10:00 P.M., Monday -
Friday, and four (4) hour response time between 8:00 A.M to 6:00 P.M., Saturday
and Sunday.
III. EMERGENCY ELEVATOR PHONE RESPONSE MONITORING
Contractor must provide emergency elevator phone monitoring with 24/7/365 answering
service with service agents who handle emergency situations in multiple languages.
REPAIR AND ON -CALL SERVICES
Any needed repairs and /or on -call services performed under the terms of this contract must be
limited to the equipment, performance, special testing and house keeping identified under
SCOPE Of SERVICES above.
The contractor must provide a schedule of rates for repairs and on -call services that are beyond
the maintenance scope of the work outlined under SCOPE OF SERVICES above. The
Contractor must specify both straight time, overtime, holiday, and travel time rates for individual
employees including:
1. Crew Foreman /Superintendent,
2. Technician — Journeyman.
3. Technician — Helper
4. Laborer
Additionally the contractor will specify rates for:
1. Key equipment - vehicles
2. Confined space entry set -up
Bids submitted without said schedule of rates for supplemental work will be deemed non-
responsive.
DOCUMENTATION & REPORTS
A written report following each inspection of the above noted facilities must be submitted to the
City documenting at a minimum:
1. Results of all operational checks for the components covered.
2. A summary of all discrepancies not corrected at the time of service and requiring the
City's attention.
I -I -7
t4
Contractor must submit documentation to the Facilities Maintenance Supervisor within ten (10)
calendar days of the work being performed. Payment for services will not be processed until
documentation of the work is received. Documentation must be transmitted to:
City of El Segundo
Facilities Maintenance
Attn: Martin Whitehead
150 Illinois Street
El Segundo, CA 90245
TERM OF CONTRACT
The term of this agreement will be for a period of five (5) years, beginning on the date of
certification. The City may terminate the agreement unilaterally at any time.
PROJECT SCHEDULE
It is the City's intent to have the elevator maintenance commence immediately upon contract
execution and issuance of a Notice to Proceed. .
COMPENSATION FOR SERVICES (FEE)
The contract will be based on the bid received and itemized task schedule for on -call services
with maximum not -to- exceed amount(s).
GENERAL CONDITIONS:
All contractors responding to this bid must identify a single contact person for receiving
responses and information from the City. The preferred method of receipt and distribution of
information will be by email. Therefore, please include a contact name, phone number, mailing
address and e-mail address with your bid.
General Expertise Required: The services envisioned within this Scope of Work include all
disciplines necessary for the proper execution of the identified tasks.
BID SUBMISSION
Your bid must be submitted no later than Thursday, January 3, 2013, 11:00 a.m. to the City
Clerk at 350 Main Street, El Segundo, CA 90245. A duly authorized official of the proposer
must sign the submittal..
Questions Regarding This Bid Package
Questions regarding this bid package and its contents, or on any other matter in
connection with the bidding process, must be addressed in writing to Floriza Rivera,
frivera(cD-elseg undo. org. All questions must be submitted no later December 24, 2012,
Questions and answers regarding the bid will be shared with all bidders known to be
responding.
AWARD AND EXECUTION OF CONTRACT
The contract will be awarded to the lowest responsible bidder. It is anticipated that final
selection will be made January 7, 2013 and request to award a contract will be taken to City
Council on January 15, 2013. Upon approval, the successful bidder will be expected to
expeditiously gather the required insurances and execute a contract not later than February 15,
2013. No contract or agreement, express or implied, must exist or be binding on the City
before the execution of a written contract by both parties. If the successful bidder cannot
4 ,1 �1 ar.
execute a contract by the established deadline, then the City may, at its sole discretion, enter
into negotiations and sign a contract with the next lowest qualified bidder.
M
Bond No. 4391222
PERFORMANCE BOND
r MF\ DY '1`t-`il~SE PRESENTS that we
4
Excelsiw Elevator Corporation
ICNtyVr AL, , I 5.... -... ... 1 "I'll" - .._— .....
as S Surety, mIn ea held �� _
..�... Principal, and
p��. �� , licensed to do busyness in the State of California ,
,.� � ....
d ter °ratty bound ante ciTv of ta, sE�rutyD (Obligee),
..
lawferl
sir lay arramd ra tlrre Principal rracr arri''�
to the penal Sutaa ert V ozr f t Vraau d,uartNas tlasrouatra arelrte aaraar •erao a rust r t ri
money of the United States o America, for Chen payrmma�art art whaeli strrma„ �a ll and truly t, e, � . I � and Sul °ety
do bind themselves, their heirs, executors, a mdrninrsantors, and sucecssors and, assigns, Jointly and severally, lirmlY by
these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the above bounden Principal laas entered into a
certain written Contract with the above named Obligee, effective the 20th day of lily 20 1:3 ,
sand ttrraaari�atiri. ilrt ta�eeaarerday al � 2 � tear
tllaSas t.� �
a rraa�, °lr �• rtk s�
t a
and more fully
�lr N� uttta hed arul agreement is made m part teaem{ and aruer acr rtcd herein by
deselibed rm sand f° artract r ,ol� rt whin
reference, except that nothing said therein shall alter, enlartta , expand or ratl'ror °worse rimodify tl'me terra u' 'l' are larwrnd as sat out
below.
NOW, if Principal, its executors, a dniinisirators, successors and assigns shall promptly and laitliftil9'y
perform the C�ontraact, k1cc ording to the terms, stipula lions or conditions thereof, them this obligation shall become null and
void, otherwise to remain in full trtatc and effec.a. In time eveant.thtit the princ;ipa,d has fibiled to promptly and faithfully
per tansy the Contract, the Surety shall, at its option, either~ perform the Contract °arr accordance with its terms and
cerneliti(lras emr pay to the Obligee they arraount, ofthe bond penalty, ear- sueli aarnotint that is necessary to cure such failure to
perform.
This bond is executed by the Surety and accepted by the Obligee subject to the following express conditions:
1) Notwithstanding the provisions of the Contract, the terns of this band shall apply frorn
�tay.'0, 2013 until May 20, 2014 , and may be extended by the Surety by
6ontincaatioim Certrficate. However, neither non - renewal by the Surety, nor the failure or inability of the Riis _ipal to
file a replacement bond in the event of norirenewal, shall itself constitute a loss to the obligee reeov:- ,-able ttn ie�l this
bond or any renewal or continuation thereof. The liability of the Surety under this bond and all eontinl
certificates issued in connection therewith shall not be cumulative and shall in no event exceed the awaLvira as set forth
in this bond or in any additions, riders, or endorsements properly issued by the Surky as supplem er<s thtxeto.
2) No suit or action may be commenced hereunder by the Obligee after the earlier of twenty -tive n cialls frothl the;
expiration date of the Contract or twenty -five months from the effective date of non- renewal of t'nis bond by thy. Srtrety.
At such date, this bond shall become null and void, and the Surety shall have no liability hereunder.
Sealed with our seals and dated the 7th day of - MaY ............ 2013
Excelsior Ele� orfq tort ,
(Principal) Seal)
" w _
SureTec Insurance Company
Attorne a!
--m -Fact � Mich �:erranea
Y �
Agreed and acknowledged this ___ day of --- 2U...-
w ..� .� _...�,.._
(Witness ) (Obligee)
�11
JVfificate PUMUant to 995.W(S) Oil!
r, � Lmlgqmnmn,�
4 4 3 gg
WIMI-OH111
ELEVATOR MAINTENANCE, REPAIR, AND ON-CALL SERVICEO
PROJECT NO_� PW 13-03 1
Bond No. 4391222
Bond Fee:
Exg,els6 poration , as principal ("PRINCIPAL") and
SurqTec insurance nipa a corporation incorporated under the taws of
the State of Texas and licensed by the State of California to execute bond-, and
undertakings as sole surety, 1-1 surety ("SURETY"), are held and firmly bound unto the CITY OF
EL SEG UNDO ("CITY") in the SURI of Forty Two ljiousag_d,��w �FILW�d_red qg!IgyLs, I o cqj nt s
L$42 1Q lawful money of the United States, which may be increased or decreased by a
rider hereto executed in the same manner as this bond, for the payment of which SUni
PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally,
by this instrument.
This band is conditioned upon and guarantees payment by PRINCIPAL to contractors,
subcontractors, and persons renting equipment; payment by PRINCIPAL and all PRINCIPAL'S
SlUbcontractoy's for all materials, provisions, provender, or other supplies, and eqUiplllent used
in, upon, for or about the performance of the work conternplated in
PW NO. 1.3-0,3 ('public Project"), the public works contract executed for such Public Project,
and for all worR or labor of any kind performed for the Public Project. 'in the case of any default
in the performance of the conditions and stipulations of this undertaking, it is agreed that
PRINCIPAL or SURETY will appty the bond or any portion thereof, to the satisfaction of any
damages, redarnation, assessments, penalties, or deficiencies arising by reason, of such
default.
76 �u�
1. PRINCIPAL will construct the public improvements identified in PW NO, 13-03
and the public works contract executed for such Specifications, copies of which is on file with
CITY's Engineering Division ("Public Project"), Such performance will be in accordance with
CITY's plans and profiles, which are made a part of this bond when said plans and profiles are
approved by the City Council and filed with CITY's Engineering Divisio, .
2. PRINCIPAL will pay all contractors, subcontractors, and persons renting
equipment.
3. PRINCIPAL will pay for all materials and other supplies, for equipment used in,
on, for or about the performance of the Public Project, and will pay for all work and tabor
thereon.
4. This bond is conditioned upon and guarantees due compliance with all applicable
law including, without limitation, the El Segundo Municipal Code CESMC").
in
44 13
5. SURETY, for value received, agrees that no changes, extensions of time,
alteration or modification of PW NO. 13-03, or of the obligation to be performed will in any way
affect its obligation on this bond, and it waives notice of any such change, extension of time,
alteration or modification of the contract documents or of the obligation to be performed.
6. This bond consists of this instrument; the plans and specifications identified
above; and the following TWO (2) attached exhibits all of which are incorporated herein by
reference:
A. A certified copy of the appointment, power of attorney, bylaws or other
instrument entitling or authorizing the persons executing this bond to do so;
and
B, A certificate issued by the county clerk for the county in which SURETY's
representative is located conforming with California Code of Civil Procedure §
995,640 and stating that SURETY's certificate of authority has not been
surrendered, revoked, cancelled, annulled, or suspended, or in the event that
it has, that renewed authority has been granted.
7. Should PRINCIPAL perform its obligations Within the time allowed, PRINCIPAL's
Obligation will be void upon the acceptance of the performance by CITY; otherwise this
obligation Will remain in full force and effect,
SlIGNED AND SEALED this 7th day of May 20 13.
um
PRINCIPAL's SECRET
Vt(r- KZC-s;L9#---T-
PRINCIPAL's MAILING ADDRESS:
SureTec Insure Oompary
SURETY's P SIDENT Michael Herranen,
Attorney-in-Fac-L
Y -F . �-Lyfftas-Fe,
Z6 ) t�tT
ECRETAR
Surety Witness
SURETY's MAILING ADDRESS:
1961IT Avenue, Santa Ana, CA 92705
1330 .Post Oak Blvd, Suite 1100, Houston, TX 77056
NOTE: ALL signatures must be acknowledged by a notary public. Return two (2)
originals to City Clerk's Office.
I-F-2
f .,emu" .Nj_ St ota�ptoma, in and said County
DO EREB RTWY V HAT
as t t6 9 t ks N� '3 tau uY:a e0 "kv,t*d ai�M t "gP'r: l �; +a �l fl klc,
the, tvn' of " mVN';:R w a, g,x ws s;'"Vown IIr� the DepaGneint of
Insurance weftie, kn& iiu"i ority U ip 4io. been surrencered, revoKed, canceled,
nutle d, CAP' suspw wd
In TesftKmv VOmmot, 9 have haieunto set my hand and aced the seal of
MW u
County on
BY: Deputy County Clerk
M
" � 4'�
STATE OF Arizona
COUNTYOF Maricopa ]
Orr 05/07/ 2013- .......... -- ....--- - - ---- } before me, .Jennifer - Pixler - - -- ...............__.. ,.,....- _ ....
(here insert name and title of the officer), personally appeared. Michael Herranen
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signatur SEA )
OPTIONAL
Jennifer Pixier
Notary Public - Arizona
Maricopa County
My Commission Expires
March 16, 2014
This area far Official Notarial Seal
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN /CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OF TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
ID -1232 (REV. 12/05) ALL - PURPOSE ACKNOWLEDGEMENT
44 13
CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA }
) S.S.
COUNTY OF }
On - -�, before me, V)��i
a notary public in and for said State, personally appeared _ qi . a a _ who proved to
me on the basis of satisfactory evidence to be the person(s) whose nalne(s) i subscribed to the within instrument and
acknowledged to me that lve6 aiey-' exec alted the same capacity(ies), and that by h,is� 6 tl
signature(s) on the instrument the person(s), or the entity upon bcliaif of`which liar person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and
correct.
CliESYL WOLFE
WITNESS my hand and official se 1. Commission 15gi3135
Notary Public - California k
', .. w orange County
l Comm, Fstalcc tt °tau 2014 w Signature � ....W �...... ��, .......... .... � a
����
Though P OPTIONAL
g the
—" information below is not required bylaw, it may prove valuable to persons relying
on the document and couldprevent fraudulent removal and reattachment of this form to another document.
DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document:
Document Date: w i. Number of Pages: I ....
Signer(s) other than named above
CAPACITY(IES) CLAIMED BY SIGNER(S)
❑ INDIVIDUAL
❑ CORPORATE OFFICER(S)
TITLE(S)
❑ PARTNER(S)- ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN OR CONSERVATOR
❑ OTHER
SIGNER IS REPRESENTING:
❑ INDIVIDUAL
❑ CORPORATE OFFICER(S)
TITLES)
❑ PARTNER(S)- ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN OR CONSERVATOR
❑ OTHER
& .1
PoA #: 310005
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company "), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint
Cynthia Baldonado, Thomas C. Buckner, Michael Herranen, William Belpedio
its true and lawful Attomey -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge
and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the
conditions of contracts and consents of surety for:
Five Million and 00/100 Dollars ($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the
premises. Said appointment shall continue in force until 10/31/2014 and is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved, that the President, any Vice - President, any Assistant Vice - President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s) -in -Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attomey -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal sball be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 201' of April,
1999)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 21st day of March, A.D. 2013.
�
SURETEC INSURANCE COMPANY
CKr r 0 By'
u� John lriox Jr °' resident
State of Texas ss: 1
County of Harris
On this 21st day of March, A.D. 2013 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he
resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument; that he knows the seal of said Company; that the sea] affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said Company; and that he signed his name thereto by like order.
�,�� rc JACQUELofTeXaS ONADO
��, S JdC e' --
"�`' My Com8/2017 q lyn Maldonado, Notary Public
My commission expires May 18, 2017
I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set
out in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston, Texas this ` — day of _ �,, A.D,
Bre t Bea AP _ �
„ ty� � N tar t, � u rct�r r tar,l-'
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may call (713) 812 -0800 any business day between 8:00 am and 5:00 pin CST.
4 4 13 '.4 44
STATE OF CALIFORNIA
DEPARTMENT OF INSURANCE NQ 0 8'13 8
SAN FRANCISCO
Certificate of Authority
THIS IS TO CERTIFY TLIAT Pursuant to the Insurance Code of the State of California,
SureTec Insurance Company
Of Texas . organized under the
laws of Texas subject to its Articles of Incorporation or
other fundamental organizational documents, is hereby authorized to transact within the Slate, subject to
all provisions of this Certificate, the following classes oJ'insurance:
Surety
as such classes are now or may hereafter be defined in the Insurance Laws of the State of California.
THIS CERTIFICATE is expressly conditioned upon the holder,hereof now and hereafter being in
full compliance with all, and not in violation of any, of the applicable'laws and lawful requirements made
under authority of the laws of the State:of California as long as such laws or requirements are in effect
and applicable, and as such laws and requirements now are, or may hereafter be changed or amended.
IN WITNESS WHEREOF, effective as of the
day of ..October 2005
I have hereunto
set my hand and caused my official seat to be affixed this
24th Octobe 2005
day of — r — ................. .
John Garamendi
Z
By
Patricia K. Stagg.,
for Richard D. Baum wpxq
Chief Deputy
NOTICE:
Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly
after issuance of this Certificate of Authority. Failure to do so will be a violation of Insurance Code Section 701 and will be
grounds for revoking this Certificate of Authority pursuant to the converiants made m the application therefor and the
conditions contained herein.
FORM C1113 OFF, 00 00391